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act to authorize the town of Herkimer, Herkimer county, to issue bonds

building a new court-house for said county.

ordered engrossed for a third reading.

ting committees, and providing for the payment of the expenses thereof," for amendment.

On motion of Mr. Robinson, and by unanimous consent the rule was suspended, in order that said resolution inight be considered immediately.

The President put the question whether the Senate would agree to said resolation, and it was decided in the affirmative.

By unanimous consent, the rule was suspended and said resolution ordered returned to the Assembly immediately, with a message informing that the Senate have concurred in the passage of the same.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of the general orders, being the bills entitled as follows: Assembly, "An act to incorporate the Lockport Driving Park Association."

“An act to release and convey the interest of the people of the State of New York in certain real estate in the city of Utica, of which Owen J. Owens died possessed to Owen Griffiths, his nephew.” “An act to extend the time for beginning the construction of the road of the Cattaraugus Railway Company."

After some time spent therein, the President resumed the chair, and Mr. Baker, from said committee, reported in favor of the passage of the first named bill with annendments, which report was agreed to and said bill ordered to a third reading.

Mr. Baker, from the same committee, reported in favor of the passage of the two last named bills, which report was agreed to and said bills ordered engrossed for a third reading.

The Senate again resolved itself into a committee of the whole, and proceeded to the consideration of the general orders, being the bills entitled as follows:

"An act in relation to the dividends of life insurance companies.” Assembly, “An act to authorize the railroad commissioners of the town of Lowville, in Lewis county, to issue bonds on said town in place of others now falling due, and otherwise amending chapter 426 of the

** An act legalizing the conveyance of the fair grounds of the Cattarangus County Agricultural Society.”

After some time spent therein the President resumed the chair, and Nr. Cock, from said committee, reported in favor of the passage of the first and last named bills, which report was agreed to and said bills

Mr. Cock, from the same committee, reported in favor of the passage of the second named bill, which report was agreed to and said bill

A message from the Governor was received and read in the words fol

Laws of 1866."

ordered to a third reading.

lowing:

To the Senate :

STATE OF NEWAYBRKE, Januargaan, 1572. BER, } In compliance with a concurrent resclution of the Senate and Assenbly, I herewith return, for amendment, Senate bill No. 28, entitled “An

JOHN T. HOFFMAN.

Mr. McGowan moved to reconsider the vote upon the final passage of 217 saill bill.

The President put the question whether the Senate would agree to reconsider the voic upon the final passage of said bill, and it was decided in the aftirmative, a majority of all the members elected to the Senate on voting in for thereof, as follows:

FOR THE AFFIRMATIVE.
Adams
Chatfield Lewis

Palmer

Winslow
Allen
Cock
Lowery

Robertson D. P. Wood
Baker
Foster
McGowan Tieniann

J. Wood
Benedict
Harrower Madden Wagner

Woodin
Bowen
Johnson
O'Brien
Weismann

24 Mr. McGowan moved to recommit said bill to the committee on the judiciary.

The President put the question whether the Senate would agree to said motion to recommvit, and it was decided in the affirmative.

On motion of Mr. Robertson, the Senate adjourned.

THURSDAY, FEBRUARY 1, 1872.

The Senate met pursuant to adjournment.
Prayer by Rev. Dr. Coit, of Troy.
The journal of yesterday was read and approved.

Mr Murphy presented a petition of A.T. Lawrence and his associates for an act to build an elevated railroad in Third avenue and other streets in the city of New York; which was read and referred to the committee on railroads.

Mr. Benedict presented a petition of the Regents of the University in women relation to the St:ite Library ; which was read and referred to the committee on joint library.

Mr. Allen presented a petition from the citizens of Cattaraugus county for an increase of the literature fund; which was read and referred to the committee on literature.

Mr. D. P. Wood presented a petition of the citizens of Homer for the same; which was read and referred to the committee on literature.

The President presented the twenty-fourth annual report of the Inspectors of State prisons; which was laid on the table and ordered printed.

(See Doc. No. 22.) Mr. Woodin, from the committee on engrossed bills, reported as correctly engrossed the bill entitled as follows:

"An act to release the interest of the people of the State of New York in certain lands to Charles (). Jones."

“An act in relation to the dividends of life insurance companies."

“An act to amend an act entitled 'An act to amend an act to incorporate the Savings Bank of the city of Utica,' passed April 26, 1839; passed April 11, 1870." "An act in relation to witnesses in criininal cases.” “An act to establish the tenth ward in the city of Utica.”

"An act to amend an act entitled 'An act incorporating the Goshen Savings Bank,' passed April 11, 1871."

"An act for the protection of tax payers against the frauds, embezzlements, and wrongful acts of public officers and agents." “An act to release and convey the interest of the people of the State of New York in certain real estate in the city of Utica, of which Owen J. Owens died possessed to Owen Griffiths, his nephew.” "An act to extend the time for beginning the construction of the road of the Cattaraugus Railway Company."

"An act legalizing the conveyance of the fair grounds of the Cattaraugus County Agricultural Society.”.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act to authorize the Dodge Stevenson Manufacturing Company to issue preferred stock,” reported in favor of the

passage of the same, and said bill was committed to the committee of the whole.

Ur. J. Wood, from the committee on the judiciary, to which was referred the bill entitled "An act to amend title one of chapter one of the fourth part of the Revised Statutes," reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was recommitted the bill entitled “An act to amend an act entitled 'An act requiring mortgages of personal property to be filed in the town clerk's and other offices,' passed April 29, 1833,” reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was referred the Assembly bill entitled “An act to authorize ihe county treasurer of Kings county to designate one of his assistants to act as deputy in his absence,” reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. J. Wood, from the committee on the judiciary, to which was recommitted the bill entitled "An act to authorize the town of Herkimer, Herkimer county, to issue bonds upon its credit for the purpose of raising money to be contributed toward building a new court-house for said county in said town,” reported in favor of the passage of the same with the following amendments:

Strike out section 1 of engrossed bill, and insert the following: Sec. 1. Whenever the board of supervisors of the county of Herkimer shall finally determine to build a new court-house for said county, in the town of Herkimer, said town may issue its bonds for ten thousand dollars for the purpose of aiding in building and completing the same, and in case it shall cost to build and complete said court-house more than forty thousand dollars, then the said town of Herkimer shall further issue completed, shall cost over the said forty thousand dollars, in addition to the said sum of ten thousand dollars. final passage of said bill, as amended, and it was decided in the atirma

The President put the question whether the Senate would agree to the ive, a majority of all the members elected to the Senate voting in favor thereof, and three-fifths of said members being present, as follows:

FOR THE AFFIRMATIVE.
Lowery Perry

Weismann
McGowan Robertson D. P. Wood

Adams Allen

Chatfield
Cock

with a me

Ames
Dickinson Madden

Tiemann J. Wood
Baker
Foster
O'Brien
Wagner

Woodin
Bowen
Harrower

22 Ordered, That the Clerk deliver said bill to the Assembly, immediately,

ge requesting their concurrence therein. A message from His Excellency the Govervor, through his private secretary, was received and read in the words following:

STATE OF NEw York-EXECUTIVE CHAMBER, 1

ALBANY, January 31, 1872. 1o the Legislature :

In conformity with the requirement of the Constitution, I transmit herewith a report of the pardons, commutations, and reprieves granted by me during the calendar year 1871, stating the name of the convict, the crime of which he was convicted, the sentence and its date of the pardon, commutation, or reprieve.

I have also appended to each case, for your information, a brief state. ment of the reasons which led to the exercise of clemency: Good conduct in prison has been made, in every instance, a prerequisite conviction. More than applications for pardon or commutation have been examined during the past year. Fifty-two pardons from State prison, thirty-two pardons from county jail or penitentiary, twenty-nine commutations, and five reprieves have been granted.

JOHN T. HOFFMAN. Ordered, That said message be laid on the table and printed.

(See Assem. Doc. No. 37.) Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act relative to fees for the service of process and other papers in courts of record, except in the counties of New York, Kings, and Westchester, and to repeal chapter 415 of the Laws of 1871,” reported adversely thereto, which report was agreed to.

Mr. J. Wood, from the committee on the judiciary, to which was *referred the bill entitled "An act to establish the compensation of county judges and surrogates pursuant to the fifteenth section of the amended sixth article of the Constitution," reported in favor of the passage of the same with amendments, and said bill was committed to the committee of the whole.

Mr. J. Wood moved that 300 extra copies of said report be printed for the use of the Senate.

The President then put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. J. Wood, from the committee on the judiciary, to which was referred the bill entitled “An act to amend section five of title one, chapter one of the fourth part of the Revised Statutes in relation to murder, and to authorize the court in certain cases to reduce the offense to murder in the second degree,” reported adversely thereto.

Mr. D. P. Wood moved to disagree with the report of the committee, and refer said bill to the committee of the whole.

The President put the question whether the Senate would agree to said motion, and it was decided in the affirmative.

Mr. J. Wood, from the committee on the judiciary, to which was referred the resolutions of the board of supervisors of Kings county praying for the passage of an act for the appointment of attendants and mes

Lockport, passed April 11, 1865, and the acts amendatory thereof,”

the village of Ellen ville, to borrow money for the purpose of introducing

sengers for the supreme court of that county, reported by bill entitled as follows: "An act authorizing the appointment of attendants and messengers of the supreme court in the county of Kings,” which was read the first time, and by unanimous consent was also read the second time, and committed to the committee of the whole.

Mr. Chatfield, from the committee on roads and bridges, to which was referred the bill entitled "An act to amend an act entitled 'An act to authorize the board of trustees of the town of Morrisania to lay out and open One Hundred and Fifty-sixth street from St. Ann's avenue to the Third avenue, in the town of Morrisania, county of Westchester,' passed April 13, 1871,” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Robertson, from the committee on commerce and navigation, to which was referred the bill entitled “An act to repeal an act entitled "An act relative to the improvement of certain portions of the counties of Westchester and New York, including provisions for communication between said counties, and for improving the navigation of Harlem river and Spuyten Duyvil creek,' passed April 15, 1871, so far as relates to the town of Westchester, in the county of Westchester." reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

Mr. Harrower, from the committee on the militia, to which was referred the bill entitled "An act supplementary to, and amendatory of, the Laws of 1870 entitled “An act to provide for the enrollment of the militia, and for the organization of the National Guard of the State of New York,'” reported in favor of the passage of the same, and said bill was committed to the committee of the whole.

The Assembly sent for concurrence the bills entitled as follows: "An act to provide for the formation of free public libraries,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on literature.

"An act relating to the settling, signing, and sealing of bills of exceptions in criminal cases," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on

"An act concerning the appointment of notaries public, and to legalize the acts of such as have removed from one county to another," which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the judiciary.

"An act to amend an act entitled 'An act to incorporate the Port Chester Savings Bank," passed March 14, 1865,” which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on banks.

"An act supplementary to, and amendatory of, 'An act in relation to a public park in the city of Albany,' passed May 5, 1869, and the acts supplementary and amendatory thereof;" which was read the first time, and by unanimous consent was also read the second time, and referred to the committee on the affairs of cities.

"An act to amend an act entitled 'An act to incorporate the city of the second time

, and referred to the committee on the affairs of cities. An act to amend an act entitled "An act to authorize the trustees of

the judiciary.

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